Clause 8

How the PTAB Killed Molly Metz’s Patents


Listen Later

Five-time world jump rope champion Molly Metz and her husband Dirk Tomsin talk about the highs and lows of innovation, entrepreneurship, and relying on America’s patent system.  A serious car accident spurred Molly to invent a new type of jump rope that revolutionized jump roping and the use of jump roping for CrossFit.  Thanks to patents that were awarded to her by the US Patent Office (USPTO) for the invention, Molly’s company – JumpNrope – started making the jump ropes completely in America and licensing the patents to various fitness companies that eagerly relied on her jump roping technology.  

It should’ve been the perfect story that the USPTO could tout about how America’s economy benefited from a woman inventor taking advantage of the patent system.  Instead, Rogue Fitness - the largest fitness distributor for CrossFit –challenged Molly’s patents at the USPTO’s Patent Trial and Appeal Board (PTAB).  Molly and Dirk are now dealing with the aftermath of that and fighting for a better future for other inventors.  

On this episode, Molly, Dirk, and Eli discuss:

  • Molly’s start in the world of jump roping in Boulder, Colorado

  • How a car accident spurred her to invent 

  • Decision to file patent applications 

  • Examination process at the USPTO & rewarding feeling of obtaining a patent

  • Decision to manufacture the jump ropes in Colorado and not China

  • Experience of successfully licensing the patented jump rope technology to other companies 

  • When the patent system worked for Molly

  • Rogue Fitness’ initial interest in selling Molly’s jump rope, licensing negotiations, and decision to infringe

  • Negative impact of Rogue Fitness’ refusal to license the technology

  • Working with patent litigation attorneys to enforce patents

  • Rogue Fitness challenging the patents at the PTAB based on two patents from 1978 and 1979

  • Molly and Dirk’s experience with the subsequent PTAB proceedings and Federal Circuit appeal

  • Prof. Dennis Crouch’s analysis of the PTAB decision

  • Supreme Court petition to secure pre-cancellation damages

  • USPTO’s effort to increase number of women patentees 

  • Advice for other women and small business inventors



This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com
...more
View all episodesView all episodes
Download on the App Store

Clause 8By Eli Mazour

  • 5
  • 5
  • 5
  • 5
  • 5

5

49 ratings


More shows like Clause 8

View all
This American Life by This American Life

This American Life

90,906 Listeners

Freakonomics Radio by Freakonomics Radio + Stitcher

Freakonomics Radio

32,008 Listeners

Fresh Air by NPR

Fresh Air

38,482 Listeners

NPR News Now by NPR

NPR News Now

14,398 Listeners

Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

Amicus With Dahlia Lithwick | Law, justice, and the courts

3,526 Listeners

Bloomberg Law by Bloomberg

Bloomberg Law

375 Listeners

Conversations with Tyler by Mercatus Center at George Mason University

Conversations with Tyler

2,452 Listeners

IP Fridays - your intellectual property podcast about trademarks, patents, designs and much more by Rolf Claessen and Ken Suzan

IP Fridays - your intellectual property podcast about trademarks, patents, designs and much more

24 Listeners

The Daily by The New York Times

The Daily

112,277 Listeners

Up First from NPR by NPR

Up First from NPR

56,530 Listeners

The Prof G Pod with Scott Galloway by Vox Media Podcast Network

The Prof G Pod with Scott Galloway

5,547 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

15,918 Listeners

​​Patently Strategic - Patent Strategy for Startups by Aurora Patent Consulting | Ashley Sloat, Ph.D.

​​Patently Strategic - Patent Strategy for Startups

9 Listeners

Plain English with Derek Thompson by The Ringer

Plain English with Derek Thompson

2,232 Listeners

IPWatchdog Unleashed by Gene Quinn

IPWatchdog Unleashed

6 Listeners